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HomeMy WebLinkAboutO-1981-1289 . . ~ ORDINANCE NO. 1289 AN ORDINANCE ANNEXING ON FINAL READING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF LA PORTE, AND EXTENDING THE BOUNDARY LIMITS OF THE SAID CITY OF LA PORTE, TEXAS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Ci ty of La Porte has heretofore adopted a Home Rule Charter granting the Council the power by ordinance to (e fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of additional territory lying adjacent to the City. This annexation proceeding is conducted pursuant to the authority granted by said Home Rule Charter; by Article 1175, Revised Civil Statutes; and by Article 970a, Revised Civil Statutes. Section 2. The City Council of the City of La porte hereby finds, determines and declares that the hereinafter described territory is adjacent and contiguous to the present city limits of the City of La porte, and lies within the exclusive extra- territorial jurisdiction of the City of La porte, and that the annexation of said territory to the City of La Porte will pro- . mote the general health, safety and welfare of persons residing within the City and within the hereinafter described territory. Section 3. The Ci ty Council of the City of La Porte has heretofore, on October 7, 1981, passed and approved Ordinance No. 1287, declaring its intention to institute proceedings to annex the hereinafter described territory. A public hearing was called, and was held on October 28, 1981, at which public hearing all interested parties were given an opportunity to be heard. Notice of such public hearing was given by publication of Ordinance No. 1287 in The Bayshore Sun on October 15, 1981, . said newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed. Additional notice . . . Ordinance No. 1289 , Page 2. by certified mail was given to railroad companies then serving the City and on the City's tax roll where the right-of-way thereof was included in the territory to be annexed. Such notices and such hearing were all in conformity with the Municipal Annexation Act of 1963, Article 970a, Vernon's Annotated Texas Statutes,' as amended. Section 4. The City Council of the City of La Porte further . finds, determines and declares that the hereinafter described territory is entirely composed of vacant land, no part of which is improved, and that there are no residents of the hereinafter described territory. Therefore, the City Council of the City of La porte finds, determines and declares that it is not prac- tical, possible, or necessary, to conduct a second public hearing wi thin the area proposed to be annexed, as there are no facili- ties at which such hearing could be conducted, and no residents of the area affected. The City Council of the City of La Porte further finds, determines and declares that this annexation is . conducted pursuant to a "petition for Annexation," filed with the City Secretary of the City of La Porte on or about September 28, 1981, a true and correct copy of which is attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. In such petition, the petitioners expressly waive any right under the Texas Municipal Annexation Act, Article 970a, V.A.T.S., to hereafter demand or request disannexation of the property for failure of the City to provide municipal services to the property. In view of such waiver, the City Council of the City of La Porte finds, determines and declares that it is not necessary that a service plan be prepared for the . hereinafter described territory. ,. . . . Ordinance No. 1289 , page 3. . Section 5. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described territory, and the same is hereby declared annexed to the City of La porte, Texas, and the boundary limits of the City of La porte, Texas, be, and the same are hereby, extended to include the follow- ing described territory within the city limits of the City of La Porte, and the same shall hereafter be included wi thin the territorial limits of the City of La porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of La porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the City of La porte. The territory to be so annexed is the same territory as described in said Ordinance No. 1287, and the terri- tory to be so annexed is more particularly described as follows, to-wit: . .'. .~ , ..... ~ ~ ~. EXHIBIT A PARCEL 1 METES AND BOUNDS DESCRIPTION 11.9839 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS All that certain 11.9839 acres of land out of the Enoch Brinson !' Survey, A-5, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at the southwest corner of that certain 33.485 acres of, land described in'a deed dated 6-29-1981 from Selected lands, Ltd. .#13 to Trammell Crow Distribution Company filed in the offi'cial public records of real property of Harris County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749; Thence N 000 01' 18" W - 1,346.27' to the POINT OF BEGINNING of the herein ~escribed parcel; . THENCE N 00001' 18" W - 767.71', along the west line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 70000' 59" E - 159~591, along the north line of said 33.485 acre parcel, to a 5/811 iron rod for angle point; THENCE S 890581 31" E - 490.00', along the north line of said 33.485 acre parcel, to a 5/811 iron rod for corner; THENCE S 00001' 1811 E - 821.79', along the east line of said 33.485 acre parcel, to a 5/811 iron rod for corner; THENCE S 890 58' 42" W - 640.00' to the POINT OF BEGINNING and containing 11.9839 acres of land, more or less. . Compiled by: PREJEAN & COMPANY, INC. surveying/mapping September 8, 1981 .e. , PAGE 1 OF 3 ,f . ~ ~ . EXHIBIT A PARCEL 2 METES AND BOUNDS DESCRIPTION 8.2779 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS . All that certain'8.2779 acres of land out of the Enoch Brinson Survey, A-5, Harris County, Texas and being more particularly described by metes and'bounds as follows: BEGINNING at a 5/8" iron rod marking the southwest corner 'of that certain 33.485 acres of land described in'a deed dated 6-29-1981 from Selected Lands~ Ltd. #13 to Tr~mme,ll Crow Distribution Company filed in the official public records of real property of Harris County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749; THENCE N 00001' 18" W - 446.27', along the west line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 890 58' 42" E - 640.00' to a 5/8" iron rod for corner; THENCE S 00001' 18" E - 680.55', along the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE N 69054' 57" W - 681.53', along the north right-of-way line of State Highway 225 (180' wide), to the POINT OF BEGINNING and cont~ining 8.2779 acres of land, more or less. Comp il ed by: . PREJEAN & COMPANY, INC. surveying/mapping September 8, 1981 Revised September 25, 1981 .' PAGE 2 OF 3 . . "\ . EXHIBIT A PARCEL 3 METES AND BOUNDS DESCRIPTION 13.2232 ACRES OUT OF ENOCH BRINSON SURVEY, A-5 HARRIS COUNTY, TEXAS All that certain 13.2232 acres of land out of the Enoch Brinson Survey, A-S, Har~is County, Texas and being more par~icularly described by metes and bounds as follows: Commencing at a 5/8" iron rod marking the southwest corner of that certain 33.485 acres of land described in a deed dated 6-29-1981 ..from Selected Lands, Ltd. #13.to Trammell ..crow Distribution Company f i 1 e din the 0 f fie i a 1 pu b 1 i ere cor d s 0 f rea 1 pro per t y 0 f H a r r i s ~County, Texas at Clerk File No. H-034395, Film Code No. 186-95-0749;, Thence N 000 01' 18" W - 446.27' to a 5/8" iron rod marking the POINT OF BEGINNING of the herein described parcel; THENCE N 890 581 42" E - 640.00' to a 5/8" iron rod for corner; THENCE N 000 01' 18" W - 900.00', a10rig the east line of said 33.485 acre parcel, to a 5/8" iron rod for corner; THENCE S 890 58' 42" W - 640.00' to a 5/8" iron rod for corner; THENCE S 000 01' 18" E - 900.00', along the west line of said 33.485 acre parcel, to the POINT OF BEGINNING and containing 13.2232 acres of lnnd, more or less. Camp il ed by: .~REJEA~ & COMP~NY,' INC. surveYlng/mapPlng September 8, 1981 . PAGE 3 OF .) . . . . . . Ordinance No. 1289 , Page . Section 6. The hereinabove described territory shall be temporarily zoned "Light Industrial - public Warehouse," to remain in effect until a permanent zoning classification is provided for such property by the Planning and zoning Commission and the City Council of the City of La Porte. The use of such property shall be strictly limited to "Light Industrial - public Warehouse," and no other use may be made of such property. Section 7. Should any section or part of this ordinance be held uncontitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in nowise affect, impair or inval- idate the remaining portion or portions thereof, but as to such remaining portion or portions the same shall be and remain in full force and effect; and should this ord inance for any reason be ineffective as to any part of the area hereby annexed to the Ci ty of La Porte, such ineffectiveness of this ord inance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of La Porte every part of the area described in Section 4 of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. provided, further, that if there is included within the general description of territory set out in Section 4 of this ord inance to be hereby annexed to the City of La Porte any lands or area which are presently part of and included within the limits of the City of La Porte, or which are presently part of and included wi thin the limits of any other city, town, or village, or which are not within the City of La Porte's juris- . . . . . . Ordinance No. 1289 , page diction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. Section 8. This ordinance shall not repeal, impair, modify, or in anywise affect any other annexation ordinance or ordinances of the City of La Porte, but such other ordinance or ordinances shall remain and continue to be effective, wholly unaffected in any way or manner by the passage of this ordinance. Section 9. The City Council officially finds, determines, reci tes and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force and effect from and after its passage and approval. PASSED AND APPROVED this the 18th day of November, 1981. CITY OF LA PORTE ~-~ - J. J. Me za, Mayo - .........--....., .' ,.....--.......... !. ,"--~ \. . ."..--.... , ".' - 1...;.__'" . Ordinance No. 1289 , page ATTEST: ~tJ~ ,~ cretary- APPR~ f1Id Clty Attorney " " . '-." .. .. .~ '"' ___ ?,o. , .. ,/ .' :- ...' "'""~:-'::':-- ~ . . . ,., . . PETITION FOR ANNEXATION September 28, 1981 Hon. Mayor and City Council City of La Porte City Hall La Porte, Texas 77571 Gentlemen: The undersigned, Trammell Crow Distribution Corporation ("TCDC") and First National Bank in Dallas, acting in our capaci- ties as owner and the sole lienholder, respectively, of the three parcels of real property described on Exhibit "A", which is attached hereto and by this reference incorporated herein for all purposes (the "Property"), hereby petition the City Council of the City of La P.orte (the "City") to annex all of said property to the corporate limits of the City. It .is intended that this letter ~omply as a Petition for Annexation under the Texas Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970a (Vernon 1963 & Supp. 1981) (the "Act"). This letter also shall constitute a petition that the subject property, when annexed, be permanently zoned "Light Industrial - Public Warehouse" as a zoning classification. Al though th,e drawings included in Exhibit "A" depict the locations of v~rious easements, it is not intended that any easements be created as a result of the filing of such drawings in any public records or as a result of the proceedings for annexation of the Property. It is intended that the Property be annexed to the City as three parcels and that each of the parcels constitute a separate tax parceL. It is understood by the undersigned that the City currently does not have water and sewer mains to the Property, and that any extension of such facilities, and the provision of service, will be at the sole expense of TCDC. It also is under,stood that the City will not issue a building permit for a warehouse until satisfactory arrangements have been made for the extension of water service to ~he Property. -..! EXHIBIT "B" page 1 of 2 , ~ . ....--..... , . . ~ . Hon. Mayor and City Council September 28, 1981 Page 2 . The undersigned ,waives any rights under the Act to hereafter demand or request disannexation of the Property for failure of the City to provide municipal services to the Property. Yours very truly, TRAMMELL CROW DISTRIBUTION CORPORATION FIRST NATIONAL BANK IN DALLAS 61& Wellman, President ~ By: . Title,- < ~ 9533:6Kta EXHIBIT "B" Page 2 of 2 .. . . . . .. KNOX W. ASKINS, .J. D., P. C. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 GAIL.J, HAMILTON..J, 0, ASSOCIATE LA PORTE. TEXAS 77571 TELEPHONE 713 471'1886 November 24, 1981 Honorable Mayor and City Council City of La Porte City Hall La Porte, Texas 77571 Dear Madam and Gentlemen: Section 2.04 (b) of the Home Rule Charter, provides for the procedure when a vacancy occurs in the office of Mayor or council, that "Council shall call a special election within 120 days. At said election, the vacant office or offices shall be filled under the provisions of this Charter. II The regular election on the first Saturday of April, 1982, is more than 120 days, so it is mandatory that the council call an election at the next legal election date under Texas law, which is the third Saturday of January, 1982. An election had already been planned for this date, for the confirmation of the La Porte Area Water Authority. I have prepared an Ordinance for your consideration at the meeting of December 2, 1981. It calls the election; provides for a 5:00 p.m. filing deadline for candidates, on Wednesday, December 16, 1981; and a run-off election, if necessary, two weeks after the special election, which is January 30, 1982. This election will fill the unexpired portion of Mr. Kibodeaux's term, which expires in April, 1982. position A, under the Charter phase-in to three year terms, provides that councilperson-at-large--position A, will have a one year term beginning in April 1982, and then will phase into a three year term in April, 1983. Yours very truly, ~d Knox W. Askins City Attorney KWA: sgl